Warranty and Return
What does this warranty not cover? This Limited Warranty does not cover normal wear and tear of the product or costs associated with replacing consumable items such as air filters, fuses, arrestors, etc. A shorter than normal life during the Warranty Period caused by excessive use or incorrect use is not considered a Defect. Please consult your Owner’s Guide to determine the proper use of the product.
This warranty does not apply to and Xantrex will not be responsible for any damage to the product:
a)if it has not been used in accordance with the Owner’s Guide supplied with the product, if it has been damaged during shipping, mishandled, neglected, improperly installed, physically damaged or altered (either internally or externally) or damaged from improper use or use in an unsuitable environment;
b)if it has been subjected to fire, water, generalized corrosion, biological infestations, or input voltage that creates operating conditions beyond the maximum or minimum limits listed in the Xantrex product specifications including high input voltage from generators and lightning strikes;
c)if repairs have been done to it other than by Xantrex or an Authorized Service Center;
d)if it is used as a component part of a product expressly warranted by another manufacturer; and
e)if its original identification
Exclusions
THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY XANTREX IN CONNECTION WITH YOUR XANTREX PRODUCT AND IS, WHERE PERMITTED BY LAW, IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, GUARANTEES, REPRESENTATIONS, OBLIGATIONS AND LIABILITIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE PRODUCT, HOWEVER ARISING (WHETHER BY CONTRACT, TORT, NEGLIGENCE, PRINCIPLES OF MANUFACTURER'S LIABILITY, OPERATION OF LAW, CONDUCT, STATEMENT OR OTHERWISE) INCLUDING WITHOUT RESTRICTION ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT REQUIRED UNDER APPLICABLE LAW TO APPLY TO THE PRODUCT SHALL, WHERE PERMITTED BY LAW, BE LIMITED IN DURATION TO THE PERIOD STIPULATED UNDER THIS LIMITED WARRANTY.
IN NO EVENT WILL XANTREX BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES HOWEVER ARISING WHETHER IN CONTRACT OR TORT INCLUDING, WITHOUT RESTRICTION, ANY ECONOMIC LOSSES OF ANY KIND, ANY LOSS OR DAMAGE TO PROPERTY, OR ANY DAMAGE OR INJURY ARISING FROM OR AS A RESULT OF MISUSE OR ABUSE OR THE INCORRECT INSTALLATION, INTEGRATION OR OPERATION OF THE PRODUCT.
Limitations on ExclusionsThis Limited Warranty does not affect your rights as prescribed by law and as established in the Law on Warranties for Consumer Goods (Spain) or the German Civil Code (“BGB”). In Germany, the legal provisions regarding suspension or expiration (“Ablaufhemmung”), suspension (“Hemmung”) and recommencement of limitation periods remains unaffected.
Some countries do not allow limitations or exclusions on implied warranties or on the duration of an implied warranty or on the limitation or exclusion of incidental or consequential damages, so the above limitation(s) or exclusion(s) may not apply to you.
For example, in Germany, the Exclusion above shall not apply in the case of mandatory liability, i.e. under the German Product Liability Act (“Produkthaftungsgesetz”) or in the case of intent, gross negligence, and injury of life, body or health, or breach of a condition which goes to the root of the contract (“wesentliche Vertragspflichten”). However, claims for damages arising from a breach of a condition which goes to the root of the contract shall be limited to the foreseeable damage which is intrinsic to the contract, unless caused by intent or gross negligence or based on liability for injury of life, body or health. The Exclusion above in Germany also does not imply a change in the burden of proof to your detriment.